The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1355
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law, in relation to mental health services
   required to be covered by certain insurance policies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Item (ii) of subparagraph (A) of paragraph 35 of subsection
 (i) of section 3216 of the insurance law, as amended by a chapter of the
 laws  of  2022  amending  the insurance law relating to health insurance
 coverage of outpatient care provided by a mental health practitioner and
 a clinical social worker, as proposed in legislative  bills  numbers  S.
 6574-A and A. 1171-A, is amended to read as follows:
   (ii)  where  the policy provides coverage for physician services, such
 policy shall include benefits for outpatient care provided by a psychia-
 trist or psychologist licensed to practice in  this  state,  a  licensed
 clinical  social  worker within the lawful scope of his or her practice,
 who is licensed pursuant to article one hundred fifty-four of the educa-
 tion law, a mental health  counselor,  marriage  and  family  therapist,
 [creative  arts therapist] or psychoanalyst licensed pursuant to article
 one hundred sixty-three of  the  education  law,  a  nurse  practitioner
 licensed  to  practice  in  this state, or a professional corporation or
 university faculty practice corporation thereof.   Nothing herein  shall
 be  construed  to  modify  or  expand  the scope of practice of a mental
 health counselor, marriage and family therapist, [creative  arts  thera-
 pist]  or  psychoanalyst licensed pursuant to article one hundred sixty-
 three of the education law. Further, nothing herein shall  be  construed
 to create a new mandated health benefit.
   § 2. Subparagraph (A) of paragraph 4 of subsection (l) of section 3221
 of the insurance law, as amended by a chapter of the laws of 2022 amend-
 ing  the  insurance  law relating to health insurance coverage of outpa-
 tient care provided by a  mental  health  practitioner  and  a  clinical
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04011-01-3

 S. 1355                             2
 
 social worker, as proposed in legislative bills numbers S. 6574-A and A.
 1171-A, is amended to read as follows:
   (A)  Every insurer delivering a group policy or issuing a group policy
 for delivery, in this state, that provides reimbursement for psychiatric
 or psychological services or for the diagnosis and treatment  of  mental
 health  conditions,  however  defined  in  such  policy,  by physicians,
 psychiatrists or psychologists,  shall  provide  the  same  coverage  to
 insureds  for such services when performed by a licensed clinical social
 worker, within the lawful scope of his or her practice, who is  licensed
 pursuant  to  article  one  hundred  fifty-four of the education law and
 mental health counselors, marriage and family therapists, [creative arts
 therapists] and psychoanalysts licensed pursuant to article one  hundred
 sixty-three  of the education law, within the lawful scope of his or her
 practice. Nothing herein shall be construed  to  modify  or  expand  the
 scope  of  practice  of  a  mental health counselor, marriage and family
 therapist, [creative arts therapist] or psychoanalyst licensed  pursuant
 to  article one hundred sixty-three of the education law. Further, noth-
 ing herein shall be construed to create a new mandated health benefit.
   § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of
 section 3221 of the insurance law, as amended by a chapter of  the  laws
 of 2022 amending the insurance law relating to health insurance coverage
 of  outpatient care provided by a mental health practitioner and a clin-
 ical social worker, as proposed in legislative bills numbers  S.  6574-A
 and A.  1171-A, is amended to read as follows:
   (ii)  where  the  policy  provides coverage for physician services, it
 shall include benefits for outpatient care provided by a psychiatrist or
 psychologist licensed to practice in this  state,  or  a  mental  health
 counselor,  marriage  and family therapist, [creative arts therapist] or
 psychoanalyst licensed pursuant to article one  hundred  sixty-three  of
 the  education  law,  or  a  licensed  clinical social worker within the
 lawful scope of his or her practice, who is licensed pursuant to article
 one hundred fifty-four  of  the  education  law,  a  nurse  practitioner
 licensed  to  practice  in  this state, or a professional corporation or
 university faculty practice corporation thereof. Nothing herein shall be
 construed to modify or expand the scope of practice of a  mental  health
 counselor,  marriage  and family therapist, [creative arts therapist] or
 psychoanalyst licensed pursuant to article one  hundred  sixty-three  of
 the  education law. Further, nothing herein shall be construed to create
 a new mandated health benefit.
   § 4. Paragraph 2 of subsection (g) of section 4303  of  the  insurance
 law,  as amended by a chapter of the laws of 2022 amending the insurance
 law relating to health insurance coverage of outpatient care provided by
 a mental health practitioner and a clinical social worker,  as  proposed
 in legislative bills numbers S. 6574-A and A. 1171-A, is amended to read
 as follows:
   (2)  where  the contract provides coverage for physician services such
 contract shall provide  benefits  for  outpatient  care  provided  by  a
 psychiatrist  or  psychologist  licensed to practice in this state, or a
 mental health counselor, marriage and family therapist,  [creative  arts
 therapist]  or  psychoanalyst licensed   pursuant to article one hundred
 sixty-three of the education law, or a licensed clinical  social  worker
 within the lawful scope of his or her practice, who is licensed pursuant
 to  article one hundred fifty-four of the education law, a nurse practi-
 tioner licensed to practice in this state, or  professional  corporation
 or university faculty practice corporation thereof. Nothing herein shall
 be  construed  to  modify  or  expand  the scope of practice of a mental
 S. 1355                             3
 
 health counselor, marriage and family therapist, [creative  arts  thera-
 pist]  or  psychoanalyst licensed pursuant to article one hundred sixty-
 three of the education law. Further, nothing herein shall  be  construed
 to create a new mandated health benefit.
   §  5.  Subsection (n) of section 4303 of the insurance law, as amended
 by a chapter of the laws of 2022 amending the insurance law relating  to
 health insurance coverage of outpatient care provided by a mental health
 practitioner  and  a  clinical social worker, as proposed in legislative
 bills numbers S. 6574-A and A. 1171-A, is amended to read as follows:
   (n) Every health service  or  medical  expense  indemnity  corporation
 issuing  a group contract pursuant to this section or a group remittance
 contract for delivery in this state which contract  provides  reimburse-
 ment  to  subscribers  or physicians, psychiatrists or psychologists for
 psychiatric or psychological services or for the diagnosis and treatment
 of mental health conditions, however  defined  in  such  contract,  must
 provide  the  same  coverage to persons covered under the group contract
 for such services when performed by a licensed clinical  social  worker,
 within the lawful scope of his or her practice, who is licensed pursuant
 to  article  one  hundred  fifty-four  of the education law and a mental
 health counselor, marriage and family therapist, [creative  arts  thera-
 pist]  or  psychoanalyst licensed pursuant to article one hundred sixty-
 three of the education law. Nothing herein shall be construed to  modify
 or  expand  the scope of practice of a mental health counselor, marriage
 and  family  therapist,  [creative  arts  therapist]  or   psychoanalyst
 licensed  pursuant  to  article one hundred sixty-three of the education
 law.   Further, nothing herein  shall  be  construed  to  create  a  new
 mandated  health benefit. The state board for social work shall maintain
 a list of all licensed clinical social workers qualified for  reimburse-
 ment  under  this  subsection. The state board for mental health practi-
 tioners shall maintain a list of all licensed mental health  counselors,
 marriage and family therapists, [creative arts therapists] or psychoana-
 lysts qualified for reimbursement under this subsection.
   §  6.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2022  amending  the  insurance  law
 relating  to  health insurance coverage of outpatient care provided by a
 mental health practitioner and a clinical social worker, as proposed  in
 legislative bills numbers S. 6574-A and A. 1171-A, takes effect.